Geriatrics and the Law

Geriatrics and the Law
Author: Marshall B. Kapp, JD, MPH
Publisher: Springer Publishing Company
Total Pages: 329
Release: 1999-04-28
Genre: Law
ISBN: 082619771X

"The updated Third Edition of Geriatrics and the Law by the leading scholar in law and old age belongs on the desk of every hospital and long-term care administrator, Director of Nursing, and Medical Director. It is the most comprehensive volume available on the topic. The book provides clearly written legal and ethical principles and their implications and applications."--Elias S. Cohen, JD, Executive Director, Community Services Systems, Inc. Significant changes in the law are affecting patients' rights and professionals' responsibilities in providing clinical services to the elderly. This edition of Kapp's successful text continues to inform and sensitize health care professionals about the legal issues, and offers practical advice and guidance to practitioners in a variety of disciplines. The text has been thoroughly updated and, where appropriate, expanded. Topics woven into each chapter include: implications of the relevant statutes, regulations, judicial opinions, private guidelines, and discussion of new laws. This practical book is a valuable and useful resource for practitioners, health care students, and educators. It contains extensive references and a helpful Appendix of Resources.

Theories on Law and Ageing

Theories on Law and Ageing
Author: Israel Doron
Publisher: Springer Science & Business Media
Total Pages: 165
Release: 2008-09-25
Genre: Family & Relationships
ISBN: 3540789545

This book is about trying to answer questions. These questions were well introduced by Prof. Margaret Hall in the opening of her chapter in this book: “The fundamental idea of ‘law and aging’ as a discrete category of legal principle and theory is controversial: how and why are ‘older adults’ or ‘seniors’ or ‘elders’ (the very terminology is controversial and fraught with difficulties) a discrete and distinct group for whom ‘special’ legal thought and treatment is justified? For some, a category of law and aging is inherently paternalistic, suggesting that older persons are, like children, especially in need of the protection of the law. In this sense, the argument continues, the category itself internalizes ageist presumptions about older adults and is therefore inherently flawed and even harmful. If certain older adults are, because of physical or mental infirmities, genuinely in need of an enhanced level of legal protection, this entitlement should be conceptualized in terms of their disability; older adults are not a distinct group but an arbitrarily delineated demographic category which contains within it any number of groups that are legitimately distinct for the purposes of legal theory (the di- bled; women; persons of colour; Aboriginal persons; rich and poor; etc.) Indeed, the arti- cial category of “older adults” may be seen as obfuscating, submerging these more meaningful distinctions.

Representing the Elderly Client

Representing the Elderly Client
Author: Thomas D. Begley (Jr.)
Publisher: Wolters Kluwer
Total Pages: 4148
Release: 2004-01-30
Genre: Political Science
ISBN: 0735552398

Are you ready to go beyond advising and planning to actively advocating the interests of your elderly clients? You can be, with this two volume handbook from two veteran elder law advocates. In a systematic and practical fashion, the authors address each key practice issue and provide an overview of the basic rules and guiding statutes/regulations, in-depth analysis of elder law practice together with guiding case law, and step-by-step explanation of the advocacy process, revealing how law operates in the real world and where things can go wrong. Plus you'll get their practice-tested minisystem for effective advocacy. After an introductory section explores basic principles, Representing the Elderly Client: Law and Practice addresses the six areas you'll encounter most often: Medicaid Special Needs Trusts Medicare and Managed Care Elder Abuse Nursing Home and LTC Facilities Intra-family and Postmortem Advocacy for Elderly Clients and Heirs. Practice forms, flowcharts, and tables put all essential information at your fingertips. The forms contained in the Author's Advocacy Mini-systems will save you hours of preparation time. Start finding effective solutions to your elderly clients' problems with Representing the Elderly Client: Law and Practice. Along with your Representing the Elderly Client two-volume print set, you'll receive a FREE CD-ROM containing word processing documents used in handling some of elder law's most complex concerns.

The Elderly

The Elderly
Author: Martin Lyon Levine
Publisher: Routledge
Total Pages: 509
Release: 2017-05-15
Genre: Medical
ISBN: 1351890867

Aging is a public health priority that is becoming increasingly important in both developed and less developed nations, with individual health care providers and law-makers each facing difficult ethical and policy dilemmas. The complex issues physicians deal with include informed consent and patient decision-making capacity, use of advance care planning and decision-making by family and medical staff, and withdrawing and withholding life-sustaining interventions. Broader questions include: has aging been over medicalized? Is it ethical for older patients to receive less medical care than younger ones, through unspoken practice or formal rationing? Is there inevitable conflict between the generations over scarce medical resources? How should physician, patient and family confront end-of-life decisions? How have different nations responded to increasing numbers of the elderly? Have social values changed as to family responsibility and individual autonomy? This volume brings together the most significant published essays in the field.

Beyond Elder Law

Beyond Elder Law
Author: Israel Doron
Publisher: Springer Science & Business Media
Total Pages: 228
Release: 2012-03-28
Genre: Law
ISBN: 3642259723

All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.

Aging and the Law

Aging and the Law
Author: Lawrence A. Frolik
Publisher: Temple University Press
Total Pages: 716
Release: 1999
Genre: Law
ISBN: 9781566396530

A collection of 47 portions of essays, articles, and books addressing many of the social, political, and legal problems occasioned by having an increasing number of older Americans. First defines and explores the emerging field of elder law, then looks at such dimensions as work, income, and wealth; housing; mental capacity; health care decision making; long-term care; health care finance; family and social issues; abuse, neglect, victimization, and elderly criminals; and legal representation and ethical considerations. Annotation copyrighted by Book News, Inc., Portland, OR

Legal Aspects of Elder Care

Legal Aspects of Elder Care
Author: Marshall B. Kapp
Publisher: Jones & Bartlett Publishers
Total Pages: 373
Release: 2010-10-25
Genre: Business & Economics
ISBN: 1449617883

A wide variety of legal issues surround caring for older individuals. Health and human service practioners need to plan, provide and evaluate geriatric care, while also understanding public policies. Legal knowledge is an essential part of caring for the elderly. Students and professionals must be able to deliver appropriate care while also being aware of any legal, ethical and political issues that may arise. Legal Aspects of Elder Care provides a clear overview of geriatric policies and laws, enabling the reader to use informed decision-making with older clients.